How Megan’s Law Affects Immigration
If you are hoping to apply for a visa but your sponsor has been convicted of a sex crime, you may be wondering how Megan’s Law affects immigration. Will this stop you from coming to this country? Our New Jersey immigration lawyer answers your questions.
How Megan’s Law Affects Immigration | Our Experience
Recently, a woman came to my office with a very unusual question, but I’ve seen it over the years quite a few times. She’s engaged to a US citizen; however, the gentleman had committed a sexual offense, and he was on Megan’s Law List. She was wondering, could he still sponsor her, or would they run into any problems? She was onto something because the truth of the matter is that immigration takes a very tough stance once an individual has committed a sexual offense of certain types, especially if it was with a minor under 18 years old.
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How Megan’s Law Affects Immigration | Obstacles to Become a Sponsor
There’s a range of offenses, but in general, they take a very strong stand, and they try to prohibit an individual, even though they’re a citizen, from acting as a sponsor for a K-1 fiancé visa or an I-130 spouse sponsor even if they get married. It’s possible, of course, if they’re both in this country to be engaged or to be married, but it will be very difficult for the individual to sponsor the foreign-born person for a green card.
How Megan’s Law Affects Immigration | Waivers
It is possible at times to get a waiver if you can prove that there’s been a strong amount of rehabilitation and that there is no chance that the foreign-born individual, the K-1 or the I-130 spouse, would be at risk because of the relationship to the US citizen who had previously been a sex offender. It’s not that easy to accomplish the waiver. It is possible at times, but it is not that easy.
How Megan’s Law Affects Immigration | Your Options
I recommend that someone hire a good criminal attorney who specializes in sex offenses in addition to a competent immigration lawyer, and working together, there’s a much better chance that the original sex offense, which occurred in the past, perhaps can be reopened, or ameliorated, or we can come up with countervailing evidence of rehabilitation, or no danger, or no risk to the foreign-born fiancée or spouse. It is very important to have a qualified team on your side. It could take some time, but I do recommend if you are in love and you want to pursue the relationship, this is a good path. Find the experts, and your options would be a lot stronger if you have a team of experts working with you. If you need strong legal representation, don’t hesitate to call our New Jersey immigration attorney today.
